The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.28986 of 2023 Anima Behera & others State of Odisha & others -versus- …. Petitioners Mr. K.C. Sahu, Advocate ….
Legal Reasoning
Opposite Parties Mr. S. Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 05.09.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “ It is therefore prayed that the Hon’ble Court be graciously pleased to pass following relief(s):- i) The Hon’ble Court be pleased to admit & allow this Order No. 01. writ petition, ii) The Hon’ble Court be graciously pleased to allow this writ petition by directing the Opp. Parties for regular absorption of services of the petitioners against the regular sanctioned vacant posts the petitioners are presently serving by granting the regular scale of pay attached to the posts of MPHW(F) from the date of completion of six years of contractual service i.e. w.e.f. 22.04.2019 the date from which the Rules 2019 came into force if necessary by modifying the Annexure-6 & 7 to that extent in view of the provisions contained under Rule-4 & 5 of “Rules- 2019” with all consequential service & financial in which // 2 // benefits within a time bound period for the interest of justice. iii) The Hon’ble Court be pleased to pass any other order(s)/ direction(s) as deems fit & proper for the bonafide interest of justice.” 4. It is submitted by Mr. Sahoo, learned counsel appearing for the Petitioner that the Petitioners were initially engaged between 2006-2009 as ANM/HW(F) and now they have been re-designated as MPHW(F) by the Opposite Party No.3 being duly selected by the Selection Committee pursuant to an advertisement at the time of initial entry to the service. Thereafter, the Government of Odisha enacted Odisha Multi-Purpose Health Worker (Female) service (Method of Recruitment and Condition of Service) Rules, 2019 vide notification dated 08.03.2019 for regular absorption/ induction of ANM/MPHW(F) those who are continuing on contractual basis in different schemes/ societies that in view of the new rule of the year 2019 particularly under Rule-4 & 5. It has been specifically provided that the MPHW(F) working on contractual basis and have completed 6 years of service, their services are to be regularized as such, learned counsel for the Petitioner further contended that although many similarly situated employees have been given such benefits, however, the case of the Petitioners were never placed before HPC, accordingly, the cases of the Petitioners along with similar other candidates were placed before the HPC meeting held on 02.06.2020. On perusal of the order dated 27.10.2021 under Annexure- 6 it appears that CDMO and PHO, Koraput has passed an order basing on the recommendation of the HPC and accordingly total 65 nos. of MPHW (F) were declared as contractual Government MPHW(F) under the General Health Care Centre with a contractual remuneration of Rs.9,000/- only. Being aggrieved by the aforesaid order of the CDMO and PHO, Koraput the Petitioner has approached this Court by filing the present writ application for a direction to the Opposite Parties to bring // 3 // the petitioners over to the regular establishment in view of provisions contained in Rule-4 & 5 of the 2019 Rules. 5. Learned Additional Government Advocate on the other hand contended that the cases of the petitioners were placed before the HPC constituted for the purpose accordingly the cases of the Petitioners have been considered and on the basis of the recommendation of the HPC in its meeting held on 02.06.2020 the CDMO and PHO has taking a consequential follow up action and accordingly he has passed an order dated 27.10.2021 under Annexure-6 to the writ application. In such view of the matter, learned Additional Government Advocate submitted that no fault can be found with the conduct of the Opposite Parties as they have acted in consonance with the provisions contained in 2019 Rules. Accordingly, the learned Additional Government Advocate submitted that the writ application is devoid of the merit accordingly the same should not be entertained. 6. In reply to the aforesaid contention raised by learned Additional Government Advocate, learned counsel for the petitioner submitted that keeping in view the provisions contained in Rule-4 & 5 of the Rules, 2019 the HPC has recommended the cases of the Petitioners and accordingly, they have been inducted in the Government Service, however, as contractual employee. He further submitted that there is no such provision under Rule-4 & 5 inducts the Petitioner on contractual basis. It was also contended that the aforesaid rules provides for regularization of the services of the Petitioners subject to the conditions mentioned in Rule-4 & 5. Accordingly, it was contended that the decision to induct the Petitioners as Government contractual employee is absolutely illegal and arbitrary. 7. Having heard the learned counsel for the parties and on careful consideration of their submission as well as the background facts of the // 4 // present case, this Court is of the considered view that the matter needs to be reconsidered by the Opposite Party No.3 inasmuch as on a careful examination of the provisions contained in 2019 rules as well as the decision of the HPC taken on its meeting held on 02.06.2020 accordingly the Petitioners are directed to approach the Opposite Party No.3 along with a certified copy of this order within a period of two weeks. In the event, the Petitioners approach the Opposite Party No.3, the Opposite Party No.3 shall do well to reconsider the cases of the Petitioners keeping in view provisions of the 2019 Rules as well as the decision of the HPC dated 02.06.2020 and shall take a decision by passing a speaking and reasoned order. The decision so taken be communicated to the petitioners within two weeks thereafter. 8. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2023 17:15:41